Mortgages – Redemption – Right of Mortgagee to Require Partial Redemption

The mortgagor of the premises in question died leaving as his heirs-at-law the plaintiff and eight other children. Shortly thereafter, the mortgagee commenced proceedings to foreclose the mortgage under a power of sale. Pending these proceedings the plaintiff entered the military service of the United States and thus became entitled under the Soldiers and Sailors Civil Relief Act of 1940 to protection against the exercise of the power of sale. The mortgagee purchased at the foreclosure sale and thereafter made extensive improvements on the land. Plaintiff brought a bill to redeem the premises, tendering the entire amount of the mortgage debt. Mortgagee’s demurrer to the bill was sustained. On appeal, held, affirmed. The rule that a part owner of the equity of redemption must redeem the entire premises is for the benefit of the mortgagee, and the mortgagee may at his election insist upon a partial redemption. Cooper v. Peak, 258 Ala. 167, 61 S. (2d) 62 (1952).